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CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

SECTION 13 OF THE DISABLED PRESONS (SERVICES, CONSULTATION AND REPRESENTATION) ACT 1986

NOTIFICATION OF DISABLEMENT

Particular statutory provisions exist to ensure that the social care needs of a disabled child are assessed at the same time as the education authority conducts the Future Needs Assessment.

Opinion Whether a Child is Disabled

234. Before an education authority carries out a future needs assessment for a recorded child, it must, as provided for in section 13 of the Disabled Persons (Services, Consultation and Representation) Act 1986, ask the social work authority to give an opinion as to whether or not the child is disabled.

235. Where the social work authority confirms that the child is disabled, the education authority must note this on the Record of Needs and in the report on future needs. The social work authority must assess the needs of the child, with respect to its statutory duties and powers to provide social care, unless the child's parents (or, where appropriate, the child) have requested that the assessment should not be made (section 13(4) and (8)) (see also paragraph 237).

236. Section 13 of this Act provides for 2 other circumstances where an education authority must ask for the opinion of the social work authority as to whether a recorded child or young person is disabled:

237. Where in either case the social work authority is of the opinion that the child or young person is a disabled person, the education authority must note this in the Record of Needs and in the case of (b) above, also in the future needs report. Where such an opinion has been given in the case of a child under 16 years of age, the social work authority has a duty to assess his or her social care needs, unless the parents request it not to (as explained in paragraph 235). Where such an opinion has been given in the case of a child of 16 years of age or older, or a young person, the social work authority has a duty to assess his or her social care needs unless he or she requests that such an assessment should not be undertaken. The parents may make the request where the child of 16 years of age or older, or the young person, is incapable of making the request.

Action where Future Needs Assessment has not been made

238. Where, as described in paragraph 236(a) a Record is opened after the date is past when an education authority is obliged to make a report on future educational needs, the child or young person concerned may be at a disadvantage unless other arrangements are put in place. Education authorities are, therefore, asked in the absence of a future needs assessment to ensure that the Record refers to the need to prepare the child or young person for his or her life after school and recommends how this might best be done. An authority when opening a Record in these circumstances is strongly advised, therefore, to consult with those agencies and organisations with which it would have consulted had it been preparing a report on future educational needs.

Notification of School Leaving Date

239. Where the social work authority has indicated its view that a recorded child or young person is a disabled person and it appears to the education authority that he or she will cease to receive full-time education at school on a particular date and will not be receiving full-time education at a further education establishment, or that he or she will cease to receive full-time education at a further education establishment on a particular date, it must note that date on the future needs assessment report. Six months before that date the education authority is also obliged to copy the report to the social work authority. Where there is no future needs assessment report, the education authority must give written notification of the leaving date to the social work authority (section 13(5) of the 1986 Act and section 65B(6) of the 1980 Act).

Where the Education Authority fails to Notify School Leaving Date

240. If, for any reason, the education authority has failed to inform the social work authority when a child or young person who has been recorded as being disabled is expected to cease full-time education it must, as soon as reasonably practicable thereafter, record that date on the future needs report and send a copy to that authority, or give it written notification of the date.

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